The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1887-02-02

The Freeholders' Investigation Committee.
The experts" appointed by Chief
Justice Beasley to examine the charges
made against the Freeholders of Hun
terdon county, reported some time since
to the Chief Justice, who now makes
the following announcement
In the matter of the Alleged Unlaicful and
Corrupt Expenditure of the Moneys of
Hanterdo7i County.
Twenty Ave freeholders of the county
of Hunterdon having lately presented TO
me the subscribe, a. affidavit, sworn to
and subscribed by themselves, setting
forth that they had cause to believe that
the moneys Of Hunterdon county were
being and had been unlawfully and cor
ruptly expended, and I having appoint
ed Charles G. Haven and William NJ.
tanning, Of the city of Trenton, experts
to prosecute an investigation of said
matter pursuant to the statute in such
case made and provided. and the said
experts having completed said investi-
cation for the period of four fiscal years,
beginning May 10th, 1882. and ending
May 18th, 1886, and submitted TO me
their report thereof, which report has
been read and duly considered by me, |
do hereby declare and publish the re.
suits of said investigation, as they APP
pear in said report, to be as follows:
FIRST, That the appropriations for the
various classes of county expenditures
were frequently altered by the Board of
Chosen Freeholders during each year
covered by the investigation.
SECOND, That during each year cover
ed by the investigation, the respective
annual appropriations for bridges, for
Freeholders services, and for sundry
other classes of county expenditures,
were exceeded.
THIRD, That during the period cover
cd by the investigation culverts were
constructed of stone, at the intersec-
lions of several of the streets of the
city Of Lambertville, at the expense of
the county, which structures form mere
covered cutters extending across the
streets Of said city and that considera-
bio portions of the road bed adjacent to
such culverts or covered cutters, have
been stoned or macadamized, also OF the
expense OF the county.
FOURTH, That within said period an
underground drain or sewer, known as
the Franklin Street Sewer, was con-
structed longitudinally through Frank
lin street, in the city of Lambertville, at
the expense of the county, the sole OBJ
ject OF which was to convey surface
water from the corner of franklin and
Swan Streets to Swan Greek.
The report of the experts does not
show that any of the moneys of the
county have been corruptly expended.
The results above stated do show, how
ever, that the moneys of the county
have been, in some respects, nnlawfully
expended. The law applicable to the
matters appearing in the above men
toned results may be stated as follows !:
FIRST, When moneys have been APP
propriated for a specific object (as, for
example, for building and repairing
bridges and culverts) it is not lawful af-
forwards to alter such appropriation,
except by the affirmative votes OF three
| fourths of all the members Of the Board.
| (Ses P. L. 1878, page 248. sec. 2.
SECOND, It is criminal offence for any
Board of Chosen Freeholders, or any
member thereof, to disburse, order or
vote for the disbursement of moneys in
excess Of appropriations Even though
Chosen Freebooter should vote for an
expenditure in excess of an appropria-
ton under TIE belief that he had right
| to do so, and without actual knowledge
that such action ia prohibited by law,
the offence would be complete, and the
person 30 voting would be liable to in-
dictment and punishment. Ignorance OF
the law is no excuse for crime, neither is
criminal intent an essential element in
the offence of exceeding appropriations.
(See Halsted vs. State, IL Vr. 552).
| THIRD, find no law that authorizes
Board Of Chosen Freeholders to ex-
pend the moneys of county in building
across the streets OF city, structures,
| the object OF which is to form mere COW
cred cutters. The power to build such
| structures belongs to the municipal aud
not to the county authorities. Itfollows,
of course, that the portions Of road-bed
adjacent to such structures cannot be
lawfully macadamized at the expense Of
tho county.
FOURTH, The general statutory policy
of the state imposes upon townships and
| municipalities the duty Of constructing
sewers and drains when necessary for
the public good. The charter of Lam
bertville (see p. l.. 1868, page OIL, sec.
49, expressly authorizes that city to con-
struct sewers and drains. The construc-
ton OF the "Franklin Street Sewer at
the expense Of the county was therefore
unlawful.
For full particulars as to the results of
the investigation, the tax payers OF Hun
terdon county are referred to the report
of the experts which has been filed in
the Office of the Clerk OF Hunterdon
county for public inspection.
M. BEAsLEY, g. J.
Dated January 18th, A. d. 1887.